- (1.) Instant writ petition under Article 226 of the Constitution of India has been filed for issuing a writ in the nature of certiorari for quashing the impugned order dated 01.01.2013 (Annexure P-4) passed by the Deputy Registrar, Co-operative Societies, Roopnagar suspending the managing committee of the Society allegedly on the basis of show cause notice, and order dated 18.02. 2013 (Annexure P-5) passed by Joint Registrar Cooperative Societies, respondent No.3 acting as an Appellate Authority.
(2.) The facts relevant for the purpose of disposal of the present writ petition may be noticed as under: The petitioner is elected President of Sartaj Co-operative House Building Society (hereinafter to be referred as 'Society'). The Society came into existence in the year 2010 and has 276 members. It was formed with a purpose to give residential plots to its members by purchasing the land in the vicinity of Chandigarh. The Society was able to purchase 44 acres of land through sale deeds and agreement to sell. But on account of minimum requirement for getting permission for a change of land use etc., the Society entered into memorandum of understanding with a renowned builder M/s Altus Space Builder Private Limited (hereinafter to be referred as 'builder') who was to get all permissions for change of land use and all members of the Society were to get the residential plots. A specific resolution was subsequently passed rectifying the said MOU and 204 members had already given written consent. The managing committee did the entire exercise in the interest of the members of the Society. This exercise even enhanced the value of the land as the adjacent land was being developed by the builder. However certain vested interest people who have influential political background, started interfering in the working of the Society. They were having an eye to take over the Society and started compelling the petitioner and other members of the managing committee to succumb to their pressure for making them members. A false report was got prepared at the back of the managing committee and its members. On the basis of said report respondent No. 4 issued a show cause notice in which it has also been ordered that managing committee stands suspended. Vide impugned show cause notice-cum-suspension order dated 01.01.2013 (Annexure P-4), the managing committee of Society has been suspended by the Deputy Registrar exercising the powers of Registrar and appointed Assistant Registrar of Cooperative Societies as Administrator for the purpose of running the affairs of the Society. Against the show cause notice -cum- suspension order an appeal was preferred before the Joint Registrar Co-operative Societies. The said appeal has been dismissed on the grounds that there is no stamp/court fee on appeal nor the affidavit attached with the appeal is attested by notary public, no one on behalf of the appellant appeared in appeal and there is no Vakaltanama signed by the appellant attached with the memorandum of appeal. The appeal has been dismissed on merit as well as being not maintainable.
(3.) It is averred in the writ petition that during the tenure of petitioner as President of the Society a chunk of land measuring 44 acres in village Ghandoli, Palheri and Bhagat Majra has been purchased out of which sale deed of 32 acres had already been registered. Regarding the remaining 12 acres, agreements to sell have been executed and the sale deeds are yet to be got executed in the near future . The permission for change of land use from GMADA/PUDA was required and it was one of the conditions that at least 104 acres of land is required to start Mega Project to build a private society, without having acquired the requisite land, the Society would not have been in a position to fulfil its dream project. Faced with this situation a meeting of all members of the Society was convened wherein after thorough discussion and deliberations, it was found difficult to purchase lands as per the requirement of GMADA/PUDA. In such circumstances it was decided that MOU be signed with another similarly situated person or some private builders to achieve the object and purpose of the Society as if it is so done it would be in the interest of the members of the Society as well as the Society. Various private builders/ societies were approached but no positive response was received from any side. The State agencies were also approached for grant of CLU in view of the peculiar facts and circumstances of the case. When all efforts failed the managing committee approached another builder M/s Altus Space Builder(P) Ltd., who had started their project on the immediately adjoining land of the Society in village Ghandauli. It is pertinent to mention that said builder had already been granted sanctions/approvals for setting up of mega projects by the various Departments of the State Government. So in the interest of the Society and its members a detailed MOU was signed on 15.12.2012 with the builder which was subsequently amended on 16.01.2013. To the MOU consent has been given in writing by 204 members. The purpose of entering in MOU was to pool the land as Society alone would not have been in a position to get CLU. It is pertinent to mention that no money transaction has taken place between the parties because of signing of MOU and the agreement was also got registered on 17.12. 2012. The impugned show cause notice cum- suspension order Annexure P-4 has been issued with a mala fide intention and just to put pressure upon the members of the Society. With a predetermined mind without any enquiry the managing committee has been suspended. The show cause notice in question is without any details nor any report of Assistant Registrar was sent along with the same. It is also averred that appeal has been decided with malafide intention. Not only this, even FIR was got registered against the petitioner.;